Beaumont Tashjian Law Blog

Monday, November 6, 2023

2023/2024 LEGAL UPDATE


This year’s legislature has enacted several laws which expand on the State’s climate-related and housing availability goals, as well as facilitate board meetings and the transaction of association business. The following is a summary of enacted and pending legislation, court decisions, news, and current events from this past year, which will impact your communities through 2024 and beyond.


ENACTED LEGISLATION
The bills below have been signed and approved by the Governor and will take effect January 1, 2024, as “New Law.”

SB 355: Multi-Family Affordable Housing Solar Roofs

  • What Does Current Law Say? Currently, the Public Utilities Commission oversees subsidy programs for solar energy system (“SES”) installations on multifamily residential buildings that meet certain income and other requirements.
  • What Changed? SB 355 expands the pool of buildings which qualify for these SES incentives, to include low-income residential buildings in which sixty-six percent (66%) of the households have incomes at or below eighty percent (80%) of the area median income, among others.

Read more . . .


Monday, May 1, 2023

BEAUMONT TASHJIAN WELCOMES ITS NEWEST TEAM MEMBERS


Michael D. Attar, Esq.

Michael D. Attar, Esq., is a senior associate at Beaumont Tashjian, where he primarily handles the Firm’s litigation and enforcement matters.
Read more . . .


Monday, March 13, 2023

HIGHLIGHTS/SUCCESSES

BT was successful in obtaining a judgment against a delinquent homeowner whose unpaid assessments exceeded $9,000.00. BT also obtained an order of attorney fees and costs in excess of $10,000 (the full amount sought).

 

BT successfully petitioned the Ventura County court and obtained an order reinstating association’s corporate status and after an owner filed materially false paperwork dissolving the association.


Read more . . .


Monday, March 13, 2023

INDUSTRY NEWS


Our attorneys AJ, Jeff, Tara, and Kumar at the California Association of Community Managers-Read more . . .


Monday, March 13, 2023

Who Needs an HOA Attorney When You Have A.I.?


If you haven’t heard of it by now, a revolutionary new language-modeling application known as “ChatGPT” was introduced to the world just before the turn of the new year. The program is a free, easy to use, online platform created by OpenAI, and at first glance, it looks like a complete gamechanger. “ChatGPT” makes Google search look primitive, by using artificial intelligence to provide nuanced responses to complex questions, generate detailed letters based on virtually any prompt, and more.

 

Board members and community managers may look to the program to help expedite mundane tasks such as drafting notice to comply letters and getting guidance on how to handle a particular HOA-related issue. But how trustworthy is ChatGPT and will it replace the need for legal counsel involvement?

 

First, the program is still in its very early stages, and it shows.
Read more . . .


Monday, March 13, 2023

End of State of Emergency Near: What that means for your Association


On February 28, 2023, the COVID-19 state of emergency declared in California nearly three years ago will end. The end of the state of emergency will have some impacts on your association, including the requirement to have a physical meeting place for all board meetings reinstated by the Civil Code.

 

In 2021, Governor Newsom signed into law Senate Bill 391, which created Civil Code Section 5450. This new addition to the Davis Sterling Act allows board meetings and member meetings of common interest developments to be held remotely without a physical location should it be impossible or unsafe to hold such meetings in person in an area affected by one or more of the below conditions:

 

  1. A state of disaster or emergency declared by the federal government.
  2. A state of emergency proclaimed by the Governor under Section 8625 of the Government Code.
    Read more . . .


Saturday, February 4, 2023

INDUSTRY NEWS

A huge congratulations to our Partner, Lisa Tashjian, and Sean Allen with Roseman Law, APC on receiving the Community Association Institute (CAI) Channel Island "Program of the Year" Award for their "The Devil's Advocate" presentation.

Congratulations to our Partner, Jeff Beaumont and Gordon Goetz with The Management Truston their nomination for the Community Association Institute (CAI) Channel Island "Program of the Year" Award for their "All things Architectural" presentation.

AJ attended the CAI GLAC PCAM Luncheon! Congratulations to everyone!!


Read more . . .


Saturday, February 4, 2023

Beaumont Tashjian Proudly Announces its Newest Firm Partner


Beaumont Tashjian (BT) is excited to announce that Kumar S. Raja, Esq. has elevated to firm partner as of January 1, 2023.

 

With over twenty (20) years of legal experience in litigation and transactional matters, Kumar offers immediate value to the firm’s state-wide community association clientele. His diverse background in litigated matters gives him the ability to develop creative, problem-solving solutions in the courtroom and boardroom.
Read more . . .


Thursday, October 20, 2022

2022/2023 LEGAL UPDATE


This year’s legislature has enacted several laws which are consistent with the State’s goals over the last several years; namely, to increase the availability of housing and address climate change.

 

The following is a summary of enacted and pending legislation, court decisions, news and current events from this past year, which impact common interest developments. Most noteworthy are the new laws, which will impact your community through 2023 and beyond.

ENACTED LEGISLATION

The bills below have been signed and approved by the Governor

and will take effect January 1, 2023, as “New Law.”

SB 897: Accessory Dwelling Units (“ADUs”)

 

What Does Current Law Say? Current laws limit how local governments can restrict ADU and junior ADU construction.
Read more . . .


Tuesday, May 10, 2022

IMPORTANT NOTICE Deadline to Comply with AB 3182 and AB 1584


The July 1, 2022 deadline to amend governing documents for compliance with AB 3182 (regarding rental restrictions) is quickly approaching.
 
As you may know, AB 1584 (Civil Code § 4741) allows a board to amend governing documents to be in compliance with the new rental restriction law by either deleting or restating the prohibited restriction without a membership vote, provided certain notice requirements are met. A board must provide general notice of the amendment at least 28 days before approving the amendment. Boards should take action now as necessary to comply with the new law!
 
RENTAL RESTRICTIONS; AMENDMENTS TO THE
GOVERNING DOCUMENTS
 
Under AB 3182, any provisions in your governing documents which prohibit or “unreasonably restrict” renting will be considered void and unenforceable, with two (2) exceptions:
 
  1. Associations can prohibit short-term rentals of thirty (30) days or less;
  2. Associations can limit the total number of rental homes in the community to twenty-five percent (25%), but no less.
 
Failing to amend the governing documents to delete or restate the prohibited rental restriction by July 1, 2022 will expose the association to risk of incurring a $1,000.
Read more . . .


Wednesday, April 27, 2022

Upcoming Deadline: Woolsey Fire Statute of Limitations


It’s hard to believe that we are approaching four years since fires ravaged Los Angeles and Ventura Counties, causing mass evacuations and chaos for thousands of Southern California residents. Resulting in over 98,000 acres of land being burned, extensive property damage, and disruption to the lives of many families, the “Woolsey Fire” has prompted investigators and attorneys to root out the cause and ensure adequate compensation for its victims.
As with any legal claim, families and victims have a deadline to file a lawsuit due to damages caused by the Woolsey Fire. That deadline falls on May 6, 2022.
While affected associations may have already received insurance payouts for the damages, there may be outstanding damages or costs that were not covered, but which the association is still entitled to recover.
Read more . . .


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